INMATE LABOR DISCLOSURE ACT

Section 1. This Act may be cited as the “Inmate Labor Disclosure Act."

Section 2. With regard to telemarketing, direct mailing, or any other form of prison inmate labor, where such labor involves either the direct or indirect contact or solicitation by such inmates with the general public, no person who is incarcerated by a court of law and is being detained in any prison, correctional facility, jail, temporary holding center, pre-release center, or halfway house, shall have access to, or use of any confidential information obtained thereof, unless:

(a) such inmate makes full disclosure of his or her inmate status and work program to each person contacted prior to any request, whether verbal or in writing, for confidential information; and

(b) such inmates obtain the full and voluntary consent of the person solicited prior to any further attempt at obtaining such information.

Section 3. Notwithstanding any other provision to the contrary, no inmate shall be permitted to continue soliciting confidential information from any person that fails to provide such consent. To ensure compliance, each person or facility shall take reasonable precautions in order to monitor all calls and mail solicitations. Such precautions shall include, but not be limited to, tape-recording each call made by an inmate, and screening all mail inquiries prior to shipment. In addition, this disclosure shall include an automated screening process whereby consumers will hear a voice message informing them of the inmate labor program prior to speaking to and/or consenting to continuing the conversation with an inmate.

Section 4. Definitions. For purposes of this section:

(a) The phrase “confidential information” includes, but is not limited to, social security numbers, names and addresses, salary and yearly gross income, tax forms, car make, model and year, credit card numbers, marital status, phone number and information, and any other relevant information that can be used to identify either the person, property, or affairs of any member of the public.

(b) The term “disclosure” includes any oral or written statement, revelation, or utterance by such inmate to the person or party from whom he or she wishes to solicit information of the inmate’s present status and the inmate’s participation in a work rehabilitation program. It also requires such inmate to inform the person from whom he or she intends to solicit information of his or her status and the inmate’s participation in a work rehabilitation program.

(c) The term “consent” is intended to include either a written or oral affirmation or assurance by the person from whom such information is requested that he or she understands that the solicitor is an inmate, that they realize they are not required to disclose this information, and that they agree to disclose it freely, voluntarily, and knowingly.

Section 5. Compliance

(a) Any person that fails to ensure full compliance with this Act shall be subject to civil penalties and fines in a manner deemed appropriate by a court of law with appropriate jurisdiction over the matter.

(b) Notwithstanding any other provision to the contrary, no inmate who violates this section shall be allowed to participate in any work program.